banner banner

Discipline Decision 2023

2023 CanLII 94395 (NL LS) | Law Society of Newfoundland and Labrador v Montague | CanLII

By Order of an Adjudication Tribunal of the Disciplinary Panel of the Law Society of Newfoundland and Labrador dated August 28, 2023, H. Edmund Montague has been disbarred. Having previously been disbarred, H. Edmund Montague continues to be struck from the Roll of Barristers in the Province of Newfoundland and Labrador and all his rights and privileges as a member of the Law Society of Newfoundland and Labrador have ceased.

Edmund Montague practiced with Edmund Montague Law Office at 1365 Nichols-Adam Highway, Labrador City, NL and Legal Aid NL, Wabush Plaza, Wabush, NL.

The conduct that was found to be deserving of sanction occurred at Labrador City during the period 2018 through 2021. The conduct included misappropriation of client funds and the unauthorized practice of law.

The Adjudication Tribunal accepted the parties’ Joint Submission on Sanction and Ordered:

(i) That the Respondent be disbarred;
(ii) That the Respondent pay to the Law Society the amounts of $194.60 relating to C2021-061 and $1,500.00 relating to C2022-041, representing monies paid from the Assurance Fund to clients D.B., D.R. and R.D; and
(iii) That the Respondent pay to the Law Society costs in the amount of $2,500.00

Discipline Decision – 2022

https://www.canlii.org/en/nl/nlls/doc/2013/2013canlii148993/2013canlii148993.html

Summary

By Order of an Adjudication Tribunal of the Disciplinary Panel of the Law Society of Newfoundland and Labrador dated October 4, 2022, H. Edmund Montague has been disbarred. Having previously been disbarred, H. Edmund Montague continues to be struck from the Roll of Barristers in the Province of Newfoundland and Labrador and all his rights and privileges as a member of the Law Society of Newfoundland and Labrador have ceased.

Edmund Montague practiced with Edmund Montague Law Office at 1365 Nichols-Adam Highway, Labrador City, NL and Legal Aid NL, Wabush Plaza, Wabush, NL.

The conduct that was found to be deserving of sanction occurred at Labrador City during the period 2018 through 2020.

The conduct included failure to commence the work for which he was retained in a timely manner, failure to provide his client’s retainer to the client’s new counsel when requested to do so, failure to be honest and candid with his client, and failure to provide a quality of service at least equal to that which lawyers generally expect of a competent lawyer in a like situation.

The Adjudication Tribunal Ordered:

  1. That the Respondent, H. Edmund Montague, be disbarred;
  2. That the Respondent pay the Law Society a total of $5,784.40 calculated as follows:
    • Expenses incurred by the Law Society in the investigation and hearing of the complaints in the amount of $2,500 plus disbursements; and,
    • $3,284.40 paid by the Assurance Fund in relation to Complaint C2021-044.
  3. That this decision be published in accordance with Section 51.3 of the Law Society Act and should also be made available on the Law Society website, to CanLII, the Provincial and Supreme Courts of Newfoundland and Labrador, the appointed benchers and members of the Law Society of Newfoundland and Labrador following the expiry of the statutory 30-day appeal period.
  4. This Order shall take effect upon service in accordance with Law Society Rule 9.39.

Discipline Decision – 2021

https://www.canlii.org/en/nl/nlls/doc/2021/2021canlii58007/2021canlii58007.html

Summary

By Order of an Adjudication Tribunal of the Disciplinary Panel of the Law Society of Newfoundland and Labrador, H. Edmund Montague has been disbarred. As a result, H. Edmund Montague has been struck from the Roll of Barristers in the Province of Newfoundland and Labrador and all his rights and privileges as a member of the Law Society of Newfoundland and Labrador have ceased.

H. Edmund Montague practiced with Edmund Montague Law Office at 1365 Nichols-Adam Highway, Labrador City, NL and Legal Aid NL, Wabush Plaza, Wabush, NL.

The conduct that was found to be deserving of sanction occurred at Labrador City during the period 2008 through 2018. The conduct included the intentional misappropriation of funds, failure to comply with the Uniform Trust Account Rules, failure to register mortgages, failure to fulfill undertakings, misleading clients, and failure to respond to the Law Society, clients and other lawyers.

The Adjudication Tribunal Ordered:

  1. ) that the Respondent, H. Edmund Montague, be disbarred;
  2. ) that the Respondent pay the Law Society a total of $23,408.47 calculated as follows:
    1. ) expenses incurred by the Law Society in the investigation and hearing of the complaints in the amount of $10,000.00 plus disbursements in the amount of $1,178.00;
    2. ) outstanding mandatory CLE late fee and audit expenses owing to the Law Society in the amount of $9,230.47;
    3. ) $3,000.00 paid to the complainants in C-19-022 and C19-018 from the Assurance Fund;
  3. ) that this decision be published in accordance with Section 51.3 of the Law Society Act and should also be made available on the Law Society website, to CanLii, the Provincial and Supreme Courts of Newfoundland and Labrador, the appointed benchers and members of the Law Society of Newfoundland and Labrador following the expiry of the statutory 30-day appeal period.
  4. ) this Order shall take effect upon service in accordance with Law Society rule 9.39.

NOTE: This decision has been appealed by the Respondent to the Supreme Court of Newfoundland and Labrador. An appeal does not operate as a stay unless otherwise ordered by the Court. Should the decision be varied or set aside, notice of the subsequent decision will be published.

Discipline Decision – 2013

http://www.canlii.org/en/nl/nlls/doc/2013/2013canlii22675/2013canlii22675.html

Summary

TAKE NOTICE THAT an Adjudication Tribunal of the Disciplinary Panel of the Law Society of Newfoundland and Labrador, having conducted a hearing pursuant to the Law Society Act, 1999, found H. Edmund Montague of Labrador City, Newfoundland and Labrador, guilty of conduct deserving of sanction.  The Adjudication Tribunal found Mr. Montague in breach of the Law Society’s Trust Account Rules due to the inadequacy of the accounting records of Edmund Montague Law Office.

The Adjudication Tribunal ordered, pursuant to subsection 49(2) of the Law Society Act, 1999;

THAT H. Edmund Montague’s right to practice law be suspended for a period of 14 days.

THAT H. Edmund Montague be permitted to continue his practice of law under the conditions specified in the January 2013 Report of the Trust Auditor.

In accordance with the Adjudication Tribunal’s Order, H. Edmund Montague is not entitled to practice law during the period April 1, 2013 through April 14, 2013, inclusive.

Effective April 15, 2013, H. Edmund Montague is permitted to practice law, however his license to practice is subject to the condition requiring the maintenance of accounting records in compliance with the Law Society’s Trust Account Rules.